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HomeMy WebLinkAbout1976_08_04 Town Board Regular Minutes 330 8-4-76 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD AUGUST 4, 1976, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 P.M. ROLL CALL Present: Supervisor Vandernoot Councilman McMillan Councilman DeMaio Councilman Perone Absent: Councilman Bloom Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer Mr. W. Paonessa - Building & Plumbing Inspector Mr. S. Paonessa - Board of Examining Plumbers APPROVAL OF MINUTES The minutes of a regular meeting of July 8, 1976 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING: Amendment to Plumbing Code On motion by Councilman Perone, seconded by Councilman DeMaio, it was unanimously resolved that the public hearing be and it hereby is declared open. The Clerk presented the Affidavits of Publication and Posting of Notice of Hearing for the record and read into the record said Notice as a point of clarification. Following Supervisor Vandernoot's explanation that the procedure to be followed would be to hear first those in favor of the amend- ment then those in opposition, at his request, Mr. Sam Paonessa, a member of the Board of Examining Plumbers explained the reasons for recommending that section of the Plumbing Code be amended, and spoke of course in favor of the amendment. William Paonessa, Town Building and Plumbing Inspector gave some further clarifying statements in favor and in answer to questions from Board members as well as several people in the audience. 1- 331 8-4-76 Some discussion continued and the questions listed herebelow were answered as stated: 1) What proof is necessary to show that the time requirements have been complied with? Completion of the application and signatures of master plumbers which must be notarized. 2) Wouldn't the examination be suffi- cient to determine eligibility? Experience is an important factor since it has been proven that almost anyone can study certain material and pass the examination. Since no one else wished to be heard in favor of or in oppo- sition to the amendment, on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that this hearing be and it hereby is declared closed. Throughout the aforementioned discussion, both Councilman DeMaio and Councilman Perone voiced their concern over the possibility that the total of ten years could be too restrictive for an otherwise qualified plumber and therefore on motion by Council- man Perone, seconded by Councilman DeMaio, it was unanimously so ordered that the hearing would be adjourned until the Board of Examining Plumbers could meet and discuss further the wording of the amendment and report back to the Town Board. OLD BUSINESS 1. Adoption of Bond Resolution - Storm Drain Improvements Pursuant to the Supervisor's reference to the storm drain improve- ments and the bids accepted at the last meeting, the following resolution was offered by Councilman DeMaio, who moved its adoption, seconded by Councilman McMillan, to-wit:. BOND RESOLUTION DATED AUGUST 4, 1976. A RESOLUTION AUTHORIZING THE ISSUANCE OF $39,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE CONSTRUCTION OF STORM DRAINAGE IMPROVEMENTS ON HICKORY GROVE DRIVE AND LAKESIDE DRIVE IN AND FOR SAID TOWN. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The specific object or purpose to be financed pursuant to this resolution is the construction of storm drainage -2- 332 8-4-76 improvements on Hickory Grove Drive and Lakeside Drive in and for the Town of Mamaroneck, Westchester County, New York, including incidental improvements in connection therewith. Section 2. The maximum estimated cost of such specific object or purpose is $39,000, and the plan for the financing thereof is by the issuance of $39,000 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including re- newals of such notes, is hereby delegated to the Supervisor, the chief fiscal. officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, -3- 333 8-4-76 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Daily Times, the official newspaper, together with a Notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing reso- lution was duly put to a vote on roll call, which resulted as follows: Supervisor Vandernoot VOTING Aye Councilman McMillan VOTING Aye Councilman DeMa.io VOTING Aye Councilman Perone VOTING Aye Councilman Bloom VOTING Absent The resolution was thereupon declared duly adopted. NEW BUSINESS 1. Authorization to Collect 1976 School Taxes Pursuant to the request by the Comptroller's Office, on motion by Councilman McMillan, seconded by Councilman Perone, the following resolution was unanimously adopted: RESOLVED, that the Town Board of the Town of Mamaroneck, in accordance with Section 550a of the Westchester County Tax Act, being Article 16 of the West- chester County Administrative Code as amended by Chapter 386 of the Laws of 1962, does hereby authorize the Comptroller of the Town of Mamaroneck to accept from any taxpayer two partial payments in equal installments for or on account of school taxes and apply such payments on account thereof, and that he shall accept payment of said school taxes in full at the dis- cretion of the taxpayer, or as stated in two partial payments, with the first installment being due and payable in the month of September and the second being due and payable in the month of January following, provided that no installment may be paid unless the first install- ment of current school taxes, including interest and penalty, shall have been paid or is paid at the same time. If the second partial payment is received during the month of January, no interest or penalty shall be charged against the second partial payment; -4- 334 8-4-76 and be it further RESOLVED, that as provided in said statute, unless the first partial payment is received during the month of September and the second partial payment is received during the month of January, the penalty provided for payment of school taxes as set forth in Section 543 shall be applicable as follows: First Installment September No Penalty October 2% November 5% December & January 7% February & March 10% April & thereafter up to date of sale 12% Second Installment February & March 10% April to date of sale 12% and be it further RESOLVED, that the first installment shall be due and payable and become a lien on the taxable property of the school district on September 1st, 1976 and the second installment on January 1st, 1977; and be it further RESOLVED, that the Town Clerk, the Comptroller and the Assessor shall prepare a suitable form of tax receipt, to be presented at the expense of the Town; and be it further RESOLVED, that pursuant to Section 551 of Chapter 386 of the Laws of 1962, a statement concerning the tax information be printed, and the Comptroller shall mail with each receipt for taxes a printed copy of such statement; and be it further RESOLVED, that the schedule of penalties be as follows: Penalty Schedule 1st Half 2nd Half September No penalty ---- October 2% ---- November 5% ---- December & January 7% ---- February & March 10% 10% April to date of Sale 12% 12% and be it further RESOLVED, that this resolution shall take effect immediately. -5- 335 8-4-76 2. Set Date for Public Hearing on Local Law No. 1-1976 The Supervisor spoke to the recent passage of the State's Fresh- water Wetlands Act which gives a municipality the right to regulate the use of wetlands and establish a water control commission if a local law is passed prior to September 1, 1 976. He further stated that both Villages wish to enact their own law which will be identical to ours, but the Village of Larchmont wants to utilize the same commission as the Town which could involve some residency problems for the Village. Supervisor Vandernoot stated that since a public hearing must be held in order to enact a local law, he recommended that a special meeting be held on Wednesday, August 18, 1976. Whereupon, on motion by Councilman DeMaio, seconded by Councilman Perone, it was unanimously RESOLVED, that a special meeting of this Board be held on Wednesday evening, August 18, 1976 and that a public hearing be conducted on that date in the Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of con- sidering the adoption of Local Law No. 1-1976- Freshwater Wetlands Protection; and be it further RESOLVED, that the Clerk be and she hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, the Notice for said hearing as required bylaw. 3. Engineer's Request - Authorization to Advertise for Bids Pursuant to memorandum addressed to the Board by the Town Engineer under date of August 4, 1976, herewith presented and ordered re- ceived and filed, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes publication in the official newspaper of the Town of Mamaroneck, The Daily Times, of a Notice for Bids for Storm Drain Improvements, said bids to be returnable on Thursday, September 30, 1976, and reported to the Town Board on October 6, 1976. The Town Engineer explained that a recent Teamsters' strike delayed the start of the first project, thus the late September return of these bids. COMMUNICATIONS 1. Letter, Muscular Dystrophy Association, Inc. Supervisor Vandernoot acknowledged receipt of a letter addressed to him by the President of the Muscular Dystrophy Association, Inc., -6- 336 8-4-76 Westchester Chapter, under date of July 21, 1976 which was herewith ordered received and filed. He further spoke of the worthiness of this cause and thereupon with the unanimous consent of the Board,he issued the follow- ing proclamation: PROCLAMATION WHEREAS, muscular dystrophy is a disabling disease that holds over a million Americans in a state of partial or total immobility, often severely restricting their everyday activities and tragically shortening their lives; and WHEREAS, muscular dystrophy has no cure, but the Muscular Dystrophy Association, Inc. through their many patient and community services, help thousands of those afflicted to lead more normal and effective lives; and WHEREAS, medical research sponsored by MDA has led to important new insights into neuro-muscular processes that raise great hope for future breakthroughs against the disease; and WHEREAS, Labor Day Weekend is the time for MDA's biggest appeal of the year, highlighted by the broadcast of the annual Jerry Lewis Labor Day Telethon; NOW, THEREFORE, I, Joseph F. Vandernoot, Supervisor, do proclaim Sunday, September 5, 1976 and Monday, September 6, 1976 as MUSCULAR DYSTROPHY ASSOCIATION, INC. WEEKEND in the Town of Mamaroneck, and urge all our citi- zens to contribute whatever they can to this most worthy cause. NOT ON AGENDA The Supervisor announced that a public hearing would be held at the City Hall in New Rochelle on August 31, 1976 at 10:00 A.M. , relative to the construction of a swimming beach at Oakwood Island and the Town.Attorney suggested that a representative from the Town's Conservation Advisory Commission should attend that hearing. -7- 337 8-4-76 THE TOWN CLERK Regular Reports The Clerk presented the following reports which were ordered received and filed: Report of the Town Clerk for the month of July 1976. Report of the Building & Plumbing Inspector for the month of July 1976. Affidavit of Publication of Notice of adoption of resolution re stop signs at Town Board meeting - July 9, 1976. THE SUPERVISOR 1. Application to Power Authority The Supervisor referred to the matter of Con Edison and the need for rate reductions and gave a brief report on the Town's application to the New York State Power Authority who will be holding hearings some time in September. In answer to several questions, Supervisor Vandernoot stated that our application is quite different from the County's present proposal; our application is relative to municipal uses only and perhaps about a 15% savings could be realized, but whatever the savings, it is well worth exploring. 2. Progress Report re Flood Control An alternate plan of using masonry instead of a concrete flume at a cost of $500,000 - $600,000; or a stone facing at a cost of $200,000 - $250,000 were among the items discussed at the meeting of July 20th reported Supervisor Vandernoot, who further stated that the important issue is how much of these expenditures would be contributed by the federal government. 3. Progress Report re Urban County The Supervisor's very brief report on the status of the Urban County Application included the fact that,although there have been articles in the local newspaper, he has received no official word from the County, but he assumes the money will be apportioned as requested in the application. Not On Agenda 4. Supervisor Vandernoot appealed to The Daily Times, whose representative Jim Ryan was in attendance at this meeting, to follow up the story on the rat extermination at Larchmont Gardens Lake by asking residents not to allow their dogs to -8- 338 8-4-76 run free while the exterminators are working in the area, adding that it is a violation of a Town ordinance for dogs to be un- leashed on other than the owner's property. He continued further that, although it is unlikely, the dogs could possibly dislodge the poison inserted in the rat burrows. NOT ON AGENDA 1. At this time Irving Scharf addressed the Board and related the Richbell Road tenants' parking problem since the fencing off of the old Hi-Lo Supermarket parking lot and urged the Board to acquire that lot for off street parking. Some discussion followed in which the Board members individually expressed their concern for the tenants, but upon the Town Attorney's clarifi- cation that it was private property and not for sale, it was unanimously so ordered that the Board would give some consider- ation to the problem of parking in that area. 2. Mrs. Peggy Snyder, in addressing the Board referred to a letter in the local newspaper, and requested that all taxis operating in the Town be marked as such. It was noted that the company -licensed in the Town is already marked and there- upon since this is in relation to the recent rapes, it was unanimously so ordered that a letter be sent to the Larchmont Village Board recommending that the taxis in. their jurisdiction be identified as such. COUNCILMAN PERONE At this time Mr. Perone noted that the Village of Mamaroneck would honor Stephen E. Johnston by officially dedicating in his name the beach and pavilion at Harbor Island during cere- monies to be held on Sunday, August 15th, at 11:00 A.M. Because of "Steve's" long record of service and outstanding contributions to the people of this community, Councilman Perone suggested that this Board join with the Village Board in expressing its appreciation to Steve Johnston by adopting and presenting to him, on behalf of all of the residents of the Unincorporated Area of the Town, the following resolution of tribute which was offered by Councilman Perone, who moved its adoption, seconded by Councilman DeMaio, to-wit: WHEREAS, Stephen E. Johnston has served the Village of Mamaroneck, New York for the past forty-eight years as Super- intendent of Harbor Island Park, and WHEREAS, for more than forty-five years he also served as a first-aid and life- saving instructor for the Mamaroneck Red Cross, and -9- 339 8-4-76 WHEREAS, "Steve" served always with dedication and devotion and with a real concern for all those who used the park and beach facilities at Harbor Island during the past four generations, NOW, THEREFORE, BE IT RESOLVED, that this Board, the Town Board of the Town of Mamaroneck congratulates him and joins the Board of Trustees of the Village of Mamaroneck in its official dedication of the beach and pavilion at Harbor Island in the name of Stephen E. Johnston in tribute to him and to his extraordinary record of service to the residents of the Village and Town. ADJOURNMENT There being no further business to come before the Board, on motion unanimously made and seconded, this meeting, to reconvene on September 1, 1976, was declared adjourned at 9:35 P.M. , in respect to the memory of -- John B. Forrest and The Rev. Kenneth F. Mackenzie with the following resolutions spread upon the minutes of this meeting as a public tribute to them: (see next page) -10- • 340 8-4-76 In Memoriam W h e r ea s , John B. Forrest, a resident of the Village of Larchmont for the past thirty-five years and long time civic leader, died on the 20th of July, 1976, and Whereas , Mr. Forrest served that Village as Trustee and its Deputy Mayor for six years and during those years also served as liaison to the Larchmont Mamaroneck Com- mittee on Family and Youth and the Town of Mamaroneck Conservation Advisory Committee (now Commission), and Whereas , his additional activities in the Boy Scouts, Camp Fire Girl Council, and Mamaroneck High Schpol Teen-Age Canteen endeared him to our youth and to all of the residents in our community which he served so ably and faithfully as a truly devoted public IIservant and citizen, Now , Therefore , Be It Resolved , that this Board, the Town Board of the Town of Mamaroneck, convened in regu- lar session this fourth day of August, 1976, with profound sorrow expresses its deep sense of loss in the death of John B . Forrest and unanimously adopts this resolution in memoriam to him, to be spread upon the minutes of this meeting as a public and permanent record of tribute, and be it further R es o l v e d , that this meeting shall stand adjourned this evening in respect to his memory and that a letter be forwarded to Mrs. Forrest and the members of the family with the Board's deepest sympathy and condolences. -11- 341 8-4-76 In Memoriam Whereas , The Reverend Kenneth E. Mackenzie, Rector of St. John's Episcopal Church in Larchmont, died on the 12th of July, 1976, and Whereas , during his years here, he served both the Village and the Town in many ways endorsing and strongly supporting open occupancy of housing without regard to race, religion or national origin persevering always in his ef- forts against all forms of intolerance, and Whereas , wherever he served, his compassion, under- standing and wit, endeared him to all with whom he served, Now , Therefore , Be It Resolved , that we, the members of the Town Board of the Town of Mamaroneck, do hereby express . and record the gratitude and appreciation of this community and all of its residents for Reverend Mackenzie's spiritual leadership and faithful service, and unanimously adopt this resolution in memoriam to him, to be spread upon the minutes of this meeting as a public and permanent record of tribute, and be it further R es ol v e d , that this meeting shall stand adjourned this evening in respect to his memory, and that a letter be forwarded to Mrs. Mackenzie and the members of the family expressing our deep sense of loss and extending our sym- pathy and condolences. I - -12- 342 8-4-76 • BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Claims Upon presentation for. payment by Commissioner DeMaio and on his motion, seconded by Commissioner Perone, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: Redwood Nursery $ 91.00 Hills Signs, Inc. 72.70 Con Edison Co. of N.Y. 30.00 Westchester Joint Water Works 5,118.75 Excelsior Garage & Machine Works, Inc. 1,017.28 New York Telephone Co. 332.77 Fire Chiefs Emergency Plan 75.00 R. G. Brewer, Inc. 27.52 Exxon Company, U.S.A. 169.60 McGuire Bros. , Inc. 20.00 Michael A. Acocella, Jr.. 366.05 Dri-Chem Extinguisher Corp. 289.80 Exterminating Services Co. 8.67 New York Telephone 14.66 $7,633.80 2. Other Business Commissioner DeMaio presented a letter, with preliminary speci- fications and quote for a new fire engine attached, addressed to the Commission by Fire Chief Acocella under date of August 4, 1976 which was herewith ordered received and filed, and stated that the Commission would be giving careful consideration to the request, making more information available in the near future. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:37 P.M. , to reconvene on September 1, 1976. To Clerk -13-